Share

cover art for Lawfare Archive: Andrew Coan on 'Prosecuting the President'

The Lawfare Podcast

Lawfare Archive: Andrew Coan on 'Prosecuting the President'

From March 12, 2019: As the nation braces for the forthcoming end of special counsel Robert Mueller's investigation into President Trump and his associates, The Lawfare Podcast decided to take a look back at the complete history of special prosecutors.

Benjamin Wittes sat down with Andrew Coan, a professor of law at the James E. Rogers College of Law at the University of Arizona. Coan recently published "Prosecuting the President," which traces the history of how special prosecutors and counsels work to keep the executive branch accountable for its actions. Ben and Andrew discussed the book, the Teapot Dome Scandal, the Whiskey Ring, and what all of that might mean for the future of special counsels.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

More episodes

View all episodes

  • Lawfare Archive: The Authoritarian Playbook in 2025

    52:20|
    From February 21, 2024: The advocacy group Protect Democracy last month issued an updated version of its report entitled, “The Authoritarian Playbook.” The new report is called, “The Authoritarian Playbook for 2025: How an authoritarian president will dismantle our democracy and what we can do to protect it.” It is a fascinating compilation of things that Donald Trump has promised to do and how they could likely be expected to affect American democracy if he is elected to a second term in office. To discuss the report, Lawfare Editor-in-Chief Benjamin Wittes spoke with two of its authors: Genevieve Nadeau and Erica Newland, both of Protect Democracy. They talked about what's new in the report, how much of it is speculation and how much of it is simply taking Donald Trump's words seriously, opportunities to mitigate the most dire consequences of which the report warns, and whether this is just baked into the American presidency when occupied by a truly authoritarian personality. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
  • Lawfare Archive: How Ukraine is Changing European Security

    58:11|
    From March 14, 2022: Russia's war of aggression in Ukraine has undermined some of the fundamental assumptions underlying the security of Europe through much of the post-World War II era. As a result, several European nations have begun to consider dramatic changes in how they approach national security, both individually and collectively.To better understand how the war in Ukraine is reshaping the European security order, Scott R. Anderson sat down with two of his colleagues from the Brookings Institution: Célia Belin, a visiting fellow at Brookings and a former official in the French Ministry of Foreign Affairs, and Constanze Stelzenmüller, the Fritz Stern Chair on Germany and trans-Atlantic Relations in the Center on the United States and Europe.They discussed how the Ukraine conflict is reshaping Europe's approach to security affairs, what this means for institutions like the European Union and NATO, and how these changes are likely to impact the fundamental debate over what it means to be a part of Europe.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
  • Lawfare Daily: Dispatches from the Sahel, with Rachel Chason and John Lechner

    48:29|
    On today’s episode, the Washington Post's West Africa bureau chief Rachel Chason and freelance journalist John Lechner join Lawfare Managing Editor Tyler McBrien to talk about the current state of the Sahel and the many forces that have converged in the region over the past couple of years.They discussed Chason’s new series out in the Post, “Crossroads of Conflict,” which includes six rich portraits of Sahelian actors, including: an Islamist militant, a militia commander, a Russian mercenary, an American soldier, a coup leader, and a defiant broadcaster. They also talked about Lechner’s forthcoming book, “Death Is Our Business: Russian Mercenaries and the New Era of Private Warfare.”We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
  • Lawfare Daily: Trump’s Tariffs and the Law

    45:15|
    For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Kathleen Claussen, an expert in international economic law and professor at the Georgetown University Law Center, and Lawfare Contributing Editor Peter Harrell, a non-resident senior fellow at the Carnegie Endowment for International Peace, to discuss the ambitious set of tariffs the Trump administration has imposed or threatened over its first month in office.They discussed the tariffs Trump has imposed so far, what seems to be coming over the horizon, and how they all line up with the legal authorities he is using to impose them.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
  • Rational Security: The “Leftover Chicken Kyiv” Edition

    01:21:46|
    This week, Scott joined his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Anastasiia Lapatina for a rare, all-in-person discussion of the week’s big national security news, including:“Chicken Kyiv, Served Cold.” The Trump administration’s vision for a peace settlement in Ukraine is coming into focus—and it’s not the one many Ukrainians and Europeans were hoping for. In negotiations that have largely excluded Ukrainian and European partners—and amidst a barrage of hostile attacks on Ukrainian President Volodymyr Zelenskyy’s democratic legitimacy—the Trump administration appears to be insisting on some U.S. stake in Ukraine’s rare earth minerals while remaining unwilling to support Ukraine’s NATO membership and resistant to providing hard security guarantees in response. Are the contours of such a deal something Ukraine can agree to? And will it advance U.S. and Ukrainian national security interests?“Euro Vision.” In some of his first comments since emerging from elections as Germany’s new chancellor, Friedrich Merz called for European independence from the United States, in light of the Trump administration’s increasing neglect (and even hostility) to longstanding transatlantic partnerships. And Ukraine may be the first front for this new policy orientation, as European officials have suggested an increased willingness to deploy ground troops to Ukraine, increase their own assistance levels, and even make an alternate offer for access to Ukraine’s rare earth minerals. How much potential is there for a truly independent European foreign policy? And what will it mean for U.S. national interests?“Baywatch Reruns.” As part of its aggressive campaign against undocumented migrants, the Trump administration has expanded its use of the detention facility at Guantanamo Bay for what it claims to be the “worst of the worst” undocumented migrants involved in violent crimes. But recent reporting has cast serious doubt on whether everyone who has been detained at Guantanamo meets this qualification, while others have raised questions about the conditions in which detainees are being held and the legal basis for the involvement of military personnel. What is the Trump administration really trying to accomplish? And is Guantanamo Bay once again becoming a black mark on American rule of law?In object lessons, Natalie confirmed the existence of the year’s most top-secret, exclusive diplomatic gathering—the Lawfare Baby Summit. Anastasiia unveiled Escalation, a long-anticipated narrative podcast series from Lawfare and Goat Rodeo about the history of the U.S.-Ukraine relationship. Scott—in true elder Millennial fashion—identified with the gracefully aging, definitely not old, Before Trilogy from Richard Linklater. And Ben marked the third anniversary of Russia’s full-scale invasion of Ukraine with a somber reflection on the sparse turnout at a Lincoln Memorial rally over the weekend, underscoring the ongoing challenge of building mass political movements from within small communities.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
  • Lawfare Daily: The Fate of Ukraine

    01:01:51|
    On Feb. 24, Fiona Hill (Senior Fellow, Foreign Policy, Center on the United States and Europe), Constanze Stelzenmüller, (Director at the Center on the United States and Europe; Senior Fellow, Foreign Policy, Center on the United States and Europe; and Fritz Stern Chair on Germany and Trans-Atlantic Relations), Anastasiia Lapatina (Ukraine Fellow, Lawfare), Tyler McBrien (Managing Editor, Lawfare), and Benjamin Wittes (Editor-in-Chief, Lawfare) recorded a live discussion at the Brookings Institution on "Trump’s return and the fate of Ukraine" and Lawfare and Goat Rodeo's new narrative podcast series on the U.S. and Ukraine, Escalation. We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
  • Lawfare Daily: Alexandra Reeve Givens, Courtney Lang, and Nema Milaninia on the Paris AI Summit and the Pivot to AI Security

    48:17|
    Alexandra Reeve Givens, CEO of the Center for Democracy & Technology; Courtney Lang, Vice President of Policy for Trust, Data, and Technology at ITI and a Non-Resident Senior Fellow at the Atlantic Council GeoTech Center; and Nema Milaninia, a partner on the Special Matters & Government Investigations team at King & Spalding, join Kevin Frazier, Contributing Editor at Lawfare and Adjunct Professor at Delaware Law, to discuss the Paris AI Action Summit and whether it marks a formal pivot away from AI safety to AI security and, if so, what an embrace of AI security means for domestic and international AI governance.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
  • Lawfare Daily: The Trials of the Trump Administration, Feb. 21

    01:24:20|
    In a live conversation on February 21, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff about the Justice Department moving to drop the criminal case against NYC Mayor Eric Adams and lawsuits challenging executive actions by President Trump and his administration, including the dismantling of USAID, DOGE’s communications with executive agencies, and the attempt to ban transgender service members from the military.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
  • Lawfare Archive: A Weaponized World Economy with Henry Farrell and Abe Newman

    56:51|
    From September 20, 2023: Economic warfare isn’t a new concept. Protectionist policies, asymmetrical trade agreements, currency wars—those are just a few examples of the economic levers states have long used to control outcomes. But in their new book, two political scientists, Henry Farrell and Abe Newman, argue that a technological innovation spurred on by free market embracers and coopted by the U.S. was an accidental entry point into a new era of economic statecraft—an era whose precise contours and rules are still being ironed out today, as we are fighting in a so-called economic war. Lawfare Associate Editor Hyemin Han talked to them about how this weaponization came to be, how U.S. national security objectives are bleeding into economic warfare, and what policymakers might focus on in trying to ensure that the economic web that the U.S. currently sits at the center of is not ravaged by its own power. We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.